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Local Government (Water Services) Act 2025

Provision of water services: operational matters - Charges for water services

98: Limitation on trustee liability for water services charges

You could also call this:

"Trustees only pay water bills from land income, not their own money"

Illustration for Local Government (Water Services) Act 2025

If you are a trustee who has to pay water services charges on Māori freehold land, you must pay these charges from the income you get from the land. You are only liable for the charges up to the amount of money you get from the land. When you get this money, you have to use it to pay the water services charges for the people who own the land. If a water organisation asks, you must give them copies of the financial statements you give to the land owners.

If you want to limit how much you have to pay, you can use subsection (1)(b) of section 96, which explains how this works. You can compare this to section 328 of another law. This helps you understand how trustees are liable for water services charges on Māori freehold land.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1004393.

Topics:
Environment and resources > Food and water safetyMāori affairs > Māori land
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97: Rating unit on Māori freehold land may be divided into separate rating areas, or

"Māori land owners can ask to split their land into separate areas for water bill charges"

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99: Charging order in favour of owner paying water services charges, or

"Getting back extra water bill money you paid for Māori land you own with others"

Part 3Provision of water services: operational matters
Charges for water services

98Limitation on trustee liability for water services charges

  1. If trustees are liable to pay the water services charges on rateable Māori freehold land under section 96, they—

  2. must pay the charges out of income derived from the land and received by the trustees for the beneficial owners of the land; and
    1. are liable for the charges only to the extent of the money derived from the land and received by them on behalf of the beneficial owner or owners.

      1. Trustees seeking to rely on subsection (1)(b) must, on request by a water organisation, provide copies of any annual financial statements that the trustees have given the beneficial owners.

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